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Tax Deductibility of Financial Sanctions: Remaining Questions and Required Action

November 2016

On 26 September 2016, the Swiss Federal Supreme Court decided that fines of criminal nature cannot be deducted from taxable profit, as opposed to sanctions without penal character and sanctions aiming at the profit forfeiture. The concerned taxpayer bears the burden of proof with respect to the financial sanction's nature, which calls for appropriate action.

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